HomeMy WebLinkAboutWOODLAND PARK ESTATES PUD - Filed DA-DEVELOPMENT AGREEMENT - 2004-03-18DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this 11th day of December 1995, by
and between the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation,
hereinafter referred to as the "City" and Northern Colorado Land, L.L.C., a Colorado
limited liability company, hereinafter referred to as the "Developer".
WITNESSETH:
WHEREAS, the Developer is the Owner of certain property situated in the County
of Larimer, State of Colorado, (hereafter referred to as the 'Property") and legally
described as follows, to wit:
Woodland Park Estates P.U.D., being a portion of the West Half of Section 33,
Township 7, Range 68 West, of the 6th P.M., City of Fort Collins, County of
Larimer. State of Colorado.
WHEREAS, the Developer desires to develop the Property and has submitted to
the City a subdivision plat and/or a site plan and landscape plan, a copy of which is on file
in the office of the Director of Engineering and made a part hereof by reference; and
WHEREAS, the Developer has further submitted to the City utility plans for the
Property, a copy of which is on file in the office of the Director of Engineering and made
a part hereof by reference; and
WHEREAS, the parties hereto have agreed that the development of the Property
will require increased municipal services from the City in order to serve such area and will
further require the installation of certain improvements primarily of benefit to the lands to
be developed and not to the City of Fort Collins as a whole, and
WHEREAS, the City has approved the subdivision plat and/or site plan and
landscape plan submitted by the Developer subject to certain requirements and conditions
which involve the installation of and construction of utilities and other municipal
improvements in connection with the Property.
NOW, THEREFORE, in consideration of the promises of the parties hereto and
other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, it is agreed as follows:
ATTT�E)ST-
A
CITY CLERK
APPROVED AS TO CONTENT:
Director of Engineering
APPROVE TO FORM:
City Attorney
ATTEST:
By: J2,7
Sheilq Ha we Secretary or
Jeff K6csis, Accountant
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By:
CityiRAanager
DEVELOPER:
Northern Colorado Land, L.L.C.
By
Bradford C. Y116nnett, Manager
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EXHIBIT "A"
Schedule of water lines to be installed out of sequence.
Not Applicable.
2. Schedule of sanitary sewer lines to be installed out of sequence. .
Not Applicable.
3. Schedule of street improvements to be installed out of sequence.
Not Applicable.
4. Schedule of storm drainage improvements to be installed out of sequence.
Not Applicable.
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EXHIBIT "B"
NOT APPLICABLE
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I. General Conditions
A. The terms of this Agreement shall govern all development activities of the
Developer pertaining to the Property. For the purposes of this Agreement, "development
activities" shall include, but not be limited to, the following: (1) The actual construction of
improvements, (2) Obtaining a building permit therefor, or (3) Any change in grade,
contour or appearance of said property caused by, or on behalf of, the Developer with the
intent to construct improvements thereon.
B. All water lines, sanitary sewer collection lines, storm sewer lines and facilities,
streets, curbs, gutters, sidewalks, and bikepaths shall be installed as shown on the
approved utility plans and in full compliance with the Council -approved standards and
specifications of the City on file in the office of the Director of Engineering at the time of
approval of the utility plans relating to the specific utility, subject to a three (3) year time
limitation from the date of execution of this Agreement. In the event that the Developer
commences or performs any construction pursuant hereto after three (3) years from the
date of execution of this agreement, the Developer shall resubmit the project utility plans
to the Director of Engineering for reexamination. The City may require the Developer to
comply with approved standards and specifications of the City on file in the office of the
Director of Engineering at the time of resubmittal.
C. No building permit for the construction of any structure within the development
shall be issued by the City until the water lines, fire hydrants, sanitary sewer lines and
streets (including curb, gutter and sidewalk and pavement with at least the base course
completed) serving such structure have been completed and accepted by the City. No
building permits shall be issued for any structure located in excess of nine hundred feet
(900') from a single point of access.
D. Any water lines, sanitary sewer lines, storm drainage lines, and/or streets
described on Exhibit "A," attached hereto, shall be installed within the time and/or
sequence required on Exhibit "A." If the Director of Engineering has determined that any
water lines, sanitary sewer lines, storm drainage facilities and/or streets are required to
provide service or access to other areas of the City, those facilities shall be shown on the
utility plans and shall be installed by the Developer within the time as established under
"Special Conditions" in this document.
E. Except as otherwise herein specifically agreed, the Developer agrees to install
and pay for all water, sanitary sewer, and storm drainage facilities and appurtenances, and
all streets, curbs, gutters, sidewalks, bikeways and other public improvements required by
this development as shown on the plat, site, landscape and utility plans, and other
approved documents pertaining to this development on file with the City.
F. Street improvements (except curbs, gutters and walks) shall not be installed until
all utility lines to be placed therein have been completely installed, including all individual
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lot service lines leading in and from the main to the property line.
G. The installation of all utilities shown on the utility plans shall be inspected by the
Engineering Department of the City and shall be subject to such department's approval.
The Developer agrees to correct any deficiencies in such installations in order to meet the
requirements of the plans and/or specifications applicable to such installation. In case of
conflict, the utility plans shall supersede the standard specifications.
H. All storm drainage facilities shall be so designed and constructed by the
Developer as to protect downstream and adjacent properties against injury and to
adequately serve the Property (and other lands as may be required, if any). The
Developer shall meet or exceed the minimum requirements for storm drainage facilities as
have been established by the City in its Drainage Master Plans and Design Criteria. The
Developer does hereby indemnify and hold harmless the City from any and all claims that
might arise, directly or indirectly, as a result of the discharge of injurious storm drainage
or seepage waters from the development in a manner or quantity different from that which
was historically discharged and caused by the design or construction of the storm drainage
facilities, except for (1) such claims and damages as are caused by the acts or omissions
of the City in maintenance of such facilities as have been accepted by the City for
maintenance, (2) errors, if any, in the general concept of the City's master plans (but not
to include any details of such plans, which details shall be the responsibility of the
Developer); and (3) specific directives that may be given to the Developer by the City.
Approval of and acceptance by the City of any storm drainage facility design or
construction shall in no manner be deemed to constitute a waiver or relinquishment by the
City of the aforesaid indemnification. The Developer shall engage a licensed professional
engineer to design the storm drainage facilities as aforesaid and it is expressly affirmed
hereby that such engagement shall be intended for the benefit of the City, and subsequent
purchasers of property in the development.
I. The Developer shall pay storm drainage basin fees in accordance with Chapter
26, Article VII of the City Code. Storm drainage improvements eligible for credit or City
repayment under the provisions of Chapter 26 are described together with estimated cost
of the improvements on the attached Exhibit "B," which improvements, if applicable, shall
include right-of-way, design and construction costs. See Section II.C, Special Conditions,
Storm Drainage Lines and Appurtenances, for specific instructions.
J. The Developer shall provide the Director of Engineering with certified Record
Plan Transparencies on Black Image Diazo Reverse Mylars upon completion of any phase
of the construction.
K. The Developer specifically represents that to the best of its knowledge all
portions of the Property dedicated to the City associated with this development are in
compliance with all environmental protection and anti -pollution laws, rules, regulations,
orders or requirements, including solid waste requirements, as defined by the U. S.
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Environmental Protection Agency Regulations at 40 C.F.R., Part 261, and that such
portions of the Property as are dedicated to the City pursuant to this development, are in
compliance with all such requirements pertaining to the disposal or existence in or on such
dedicated property of any hazardous substances, pollutants or contaminants, as defined
by the Comprehensive Environmental Response Compensation and Liability Act of 1980,
as amended, and regulations promulgated thereunder. The Developer does hereby
indemnify and hold harmless the City from any liability whatsoever that may be imposed
upon the City by any governmental authority, pertaining to the disposal of hazardous
substances, pollutants or contaminants, and cleanup necessitated by leaking underground
storage tanks, excavation and/or backfill of hazardous substances, pollutants or
contaminants, or environmental cleanup responsibilities of any nature whatsoever on, of
or related to any property dedicated to the City pursuant to this development. The
Developer further agrees to indemnify and hold harmless the City from any claims or
actions based directly, indirectly or in any manner on any of the aforementioned
environmental risks brought against the City by third parties arising as a result of the
dedication of portions of the Property to the City pursuant to this development. Said
indemnification shall not extend to claims, actions or other liability arising as a result of any
hazardous substance, pollutant or contaminant generated or deposited by the City, its
agents or representatives, upon portions of the Property dedicated to the City pursuant to
this development.
II. Special Conditions
A. Water Lines
1. The Developer shall reimburse the City at the rate of $16.00 per front foot
plus an inflation factor for the cost of installation of the 24" water line in County Road 9
adjacent to the development. The inflation factor shall be calculated based upon the
Construction Cost Index for Denver as published in the Engineering News Record of
April 13, 1989. Said reimbursement shall be paid prior to the issuance of the first building
permit.
B. Sewer Lines
Not Applicable
C. Storm Drainage Lines and Appurtenances
1. The Developer and the City agree that all on -site and off -site storm drainage
improvements shall be completed by the Developer in accordance with the approved plans
prior to the issuance of more than 27 building permits. Completion of improvements shall
include the certification by a licensed professional engineer that the drainage facilities
which serve this development have been constructed in conformance with said approved
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plans. Any deviations from the approved utility plans shall be the responsibility of the
Developer to correct prior to the issuance of more than said 27 building permits. Said
certification shall be submitted to the City at least two weeks prior to the date of issuance
for any building permit greater than said 27 building permits.
2. The Developer agrees to provide and maintain erosion control improvements
as shown on the approved utility plans to stabilize all over -lot grading in and adjacent to
this development. The Developer shall also be required to post a security deposit in the
amount of $ 46,214.00 prior to beginning construction to guarantee the proper installation
and maintenance of the erosion control measures shown on the approved Plan. Said
security deposit shall be made in accordance with the criteria set forth in the Storm
Drainage Design Criteria and Construction Standards (Criteria). If, at any time, the
Developer fails to abide by the provisions of the approved utility plans or the Criteria, the
City may enter upon the Property for the purpose of making such improvements and
undertaking such activities as may be necessary to ensure that the provisions of said plans
and the Criteria are properly enforced. The City may apply such portion of the security
deposit as may be necessary to pay all costs incurred by the City in undertaking the
administration, construction and/or installation of the erosion control measures required
by said plans and the Criteria.
3. The Developer and the City agree that the storm drainage system for this
development contains some features that make it important to construct the facilities in
accordance with the plans and to ensure that the facilities are maintained and kept
operational throughout the buildout of this development. For this reason the following
additional requirements shall be followed for building on Tracts A and B, Lots 1 through
7, 12 through 19, 36, 37 and 48 through 69:
The portions of the drainage improvement system required to be constructed on any
of the above lots, and other portions not on said lots but that are necessary for the
system serving said lots to properly function, shall be completed in accordance with
the approved utility plans and said completion shall be certified as being completed
in accordance with said plans by a licensed professional engineer. Said
certification shall be received by the City prior to the issuance of a building permit
for any of the above lots. A certification by such engineer that the drainage
systems' function and adequacy to serve its purpose has not been impaired by the
construction and landscaping on said lot shall be submitted to the City prior to the
issuance of a certificate of occupancy for each of the above lots.
In addition the Developer shall be required to file a notice with the Larimer County
Clerk and Recorder describing the landscaping and fencing restrictions that exist
for the drainage easements on each of said lots. Said notice shall reference the
location of the specific restrictions shown on plans and notes in the approved utility
plans for this development. Said notice shall be filed in a City approved form prior
to the sale of any lots affected by such restrictions.
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4. The Developer and the City agree that it is important that certain lots be
graded to drain in the configuration shown on the approved plans for this development.
For this reason the following additional requirements shall be followed for building on Lots
20 through 36 and 74 through 97:
Prior to the issuance of a certificate of occupancy for each of said lots the
Developer shall provide the City with certification that the lot has been graded
correctly (including the grading of any minor swales, if applicable), the lot corner
elevations specified on the approved plans are correct and in accordance with the
approved plans; and the minimum floor elevation for all buildings constructed on
said lot has been completed in accordance with the approved plans. Said
certification shall be completed by a Colorado licensed professional Engineer and
shall be submitted to the City at least two weeks prior to the date of issuance of the
desired certificate of occupancy.
5. The Developer and the City agree that the Developer shall be responsible
to obtain the City's approval of any changes from the approved utility plans in grade
elevations and/or storm drainage facility configuration that occur as a result of the
construction of houses and/or development of lots, whether by the Developer or other
parties. The City reserves the right to withhold the issuance of building permits and
certificates of occupancies until the City has approved such changes as being acceptable
for the safe and efficient delivery of storm drainage water.
D. Streets.
1. Subject to the conditions of this Agreement, the City agrees to reimburse the
Developer for oversizing public street improvements along County Road 9 for those
portions of said street abutting the Property as shown on the approved utility plans.
Reimbursement for County Road 9 shall be for oversizing the street from residential
standards to arterial standards. The City shall make reimbursement to the Developer for
the aforesaid oversized street improvements in accordance with Section 24-121 of the
Code of the City. The Developer agrees and understands that the City shall have no
obligation to make reimbursement payments for street oversizing unless funds for such
payments shall f rst have been budgeted and appropriated from the Street Oversizing
Fund by the City Council; and the Developer further understands that to the extent that
funds are not available for such reimbursement, the City may not, in the absence of the
Developer's agreement, require the construction, at the Developer's expense, of any
oversized portion of streets not reasonably necessary to offset the traffic impacts of the
development. The Developer does hereby agree to construct the aforesaid oversized
street improvements with the understanding that the Developer may not be fully
reimbursed by the City for the cost of such construction. The Developer further agrees to
accept payment in accordance with Section 24-121 (d) of the Code of the City as full and
final settlement and complete accord and satisfaction of all obligations of the City to make
reimbursements to the Developer for street oversizing expenses. It is anticipated by the
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City that the City's reimbursement, in accordance with Section 24-121 (d), would not be
less than fifty percent (50%) of the Developer's actual expenses incurred and will be
calculated in accordance with the formula as set forth in Section 24-121 (d).
2. It is understood that the streets to be constructed as described in this Section
II(D) are "city improvements" and, as such, any contract for the construction of the same
must be executed in writing. If the cost of such improvements exceeds the sum of Fifteen
Thousand Dollars ($15,000), the contract for the construction of the same must be
submitted to a competitive bidding process resulting in an award to the lowest responsible
bidder, and evidence must be submitted to the City prior to the commencement of the work
showing that the award was given to the lowest responsible bidder. If the cost of such
improvements exceeds fifty thousand dollars ($50,000), the contract for the construction
of the improvements must be insured by a performance bond or other equivalent security.
3. The on -site and off -site improvements to County Road 9, including related
utility and storm drainage improvements, shall be completed prior to the issuance of more
than 27 building permits.
4. The Developer and the City agree that no building permits shall be issued
for Tract A, lots 48, 69 through 73, 98, 99, 106, and 107 (all of which lots are in close
proximity to County Road 9 and, accordingly, may be impacted by improvements required
on County Road 9) until the street improvements on county Road 9 have been completed
with at least the construction of curb, gutter and sidewalk, and said improvements have
been approved by the City.
5. The Developer and the City agree that the Developer is responsible for all
costs for the initial installation of traffic signing and striping for this development related
to the development local street operations. In addition the Developer is responsible for
all costs for traffic signing and striping related to directing traffic access to and from the
development (eg all signing and striping for a right turn lane into the development site).
E. Hazards and Emergency Access.
1. No combustible material will be allowed on the site until a permanent water
system is installed by the Developer and approved by the City.
2. Prior to beginning any building construction, the Developer shall provide and
maintain at all times an accessway to said building or buildings. Such accessway shall be
adequate to handle any emergency vehicles or equipment, and the accessway shall be
kept open during all phases of construction. Prior to the City allowing combustible material
on the site (other than forming material for concrete footings, foundations and/or concrete
walls) such accessway shall be improved to a width of at least 20 feet with 4 inches of
aggregate base course material compacted according to City Standards and with an 80
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foot diameter turnaround at the building end of said accessway. The turnaround is not
required if an exit point is provided at the end of the accessway.
3. The issuance of any building permit by the City is made solely at the
Developer's own risk and the Developer shall hold the City harmless from any and all
damages or injuries arising directly or indirectly out of the issuance of said permit prior to
the completion of the requirements in accordance with Section 29-678 of the Code of the
City.
III. Miscellaneous
A. The Developer agrees to provide and install, at its expense, adequate
barricades, warning signs and similar safety devices at all construction sites within the
public right-of-way and/or other areas as deemed necessary by the Director of Engineering
in accordance with the City's "Work Area Traffic Control Handbook" and shall not remove
said safety devices until the construction has been completed and approved by the
Director of Engineering.
B. The Developer shall, at all times, keep the public right-of-way free from
accumulation of waste material or rubbish caused by the Developer's operation; shall
remove such rubbish no less than weekly and; at the completion of the work, shall remove
all such waste materials, rubbish, tools, construction equipment, machinery, and surplus
materials from the public right-of-way. The Developer further agrees to maintain the
finished street surfaces so that they are free from dirt caused by the Developer's operation.
Any excessive accumulation of dirt and/or construction materials shall be considered
sufficient cause for the City to withhold building permits and/or certificates of occupancy
until the problem is corrected to the satisfaction of the Director of Engineering. If the
Developer fails to adequately clean such streets within two (2) days after receipt of written
notice, the City may have the streets cleaned at the Developer's expense and the
Developer shall be responsible for prompt payment of all such costs.
C. The Developer hereby agrees that it will require its subcontractors to cooperate
with the City's construction inspectors by ceasing operations when winds are of sufficient
velocity to create blowing dust which, in the inspector's opinion, is hazardous to the public
health and welfare.
D. The Developer shall, pursuant to the terms of this Agreement, complete all
improvements and perform all other obligations required herein, as such improvements or
obligations may be shown on the original plat and related documents, or any replat as
subsequently filed by the Developer, and the City may withhold such building permits and
certificates of occupancy as it deems necessary to ensure performance hereof.
E. Nothing herein contained shall be construed as a waiver of any requirements
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of the City Code, and the Developer agrees to comply with all requirements of the same.
F. In the event the City waives any breach of this Agreement, no such waiver shall
be held or construed to be a waiver of any subsequent breach hereof.
G. Financial obligations of the City of Fort Collins payable after the current fiscal
year and/or not appropriated or budgeted are contingent upon funds for that purpose being
appropriated, budgeted and otherwise made available.
H. This Agreement shall run with the Property and shall be binding upon the parties
hereto, their personal representatives, heirs, successors, grantees and assigns. It is
agreed that all improvements required pursuant to this Agreement touch and concern the
Property regardless of whether such improvements are located on the Property.
Assignment of interest within the meaning of this paragraph shall specifically include, but
not be limited to, a conveyance or assignment of any portion of the Developer's real or
proprietary interest in the Property, as well as any assignment of the Developer's rights to
develop the Property under the terms and conditions of this Agreement.
I. In the event the Developer transfers title to the Property and is thereby divested
of all equitable and legal interest in the Property, the City hereby agrees to release said
Developer from liability under this Agreement with respect to any breach of the terms and
conditions of this Agreement occurring after the date of any such transfer of interest. In
such event, the succeeding property owner shall be bound by the terms of this Agreement.
J. Each and every term of this Agreement shall be deemed to be a material element
hereof. In the event that either party shall fail to perform according to the terms of this
Agreement, such party may be declared in default. In the event that a party has been
declared in default hereof, such defaulting party shall be given written notice specifying
such default and shall be allowed a period of five (5) days within which to cure said default.
In the event the default remains uncorrected, the party declaring default may elect to: (a)
terminate the Agreement and seek damages, (b) Treat the Agreement as continuing and
require specific performance or, (c) avail itself of any other remedy at law or equity.
K. In the event of the default of any of the provisions hereof by either party which
shall require the party not in default to commence legal or equitable action against said
defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -
defaulting party's reasonable attorney's fees and costs incurred by reason of the default.
Nothing herein shall be construed to prevent or interfere with the City's rights and
remedies specified in Paragraph III.D of this Agreement.
L. This Agreement shall not be construed as or deemed to be an agreement for the
benefit of any third party or parties, and no third party or parties shall have any right of
action hereunder for any cause whatsoever.
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